Manual of European Environmental Policy Wins Major European Information Award; Denver Law Professor Member of the Manual's Advisory Board

The Manual of European Environmental Policy, the preeminent publication about European Union environmental policy, has received the European Information Association's 2011 Award for European Information Services.

Previously published as a loose-leaf printed reference, the Manual was re-launched as an on-line service in 2010. It has been extensively restructured to reflect the changing nature and development of European environmental policy, which in many cases represents the leading edge of environmental policy development in the world.

The Manual is written by an interdisciplinary team of experts from the London and Brussels-based Institute for European Environmental Policy (IEEP), the leading center for the analysis and development of environmental and related policies in Europe.

Andrew Farmer, Director of Research and Head of the Industry, Waste, and Water Programme at IEEP and the Manual's editor, commented, "It is gratifying that the innovative features of the Manual were highlighted in the award."

Don Smith, director of the Environmental and Natural Resources Program at Denver Law, is a member of the Manual's Editorial Advisory Board. He said, "The Manual is the most systematic, reliable and comprehensive source of information on EU environmental policy. This is particularly important because in the eyes of many, the European Union is the most innovative and forward-looking governmental entity in terms of environmental policy."

Denver Law is one of the few law schools in North America that regularly offers a course in European Union Environmental Law & Policy.

More information about the Manual can be accessed by clicking here.

"The Renewable Energy Reader," Authored by Denver Law Professor K.K. DuVivier, Hits the Bookshelves; Is "First of Its" Kind Publication

Denver Law Professor K.K. DuVivier has authored the first renewable energy law textbook to be published in the United States.

The Renewable Energy Reader, which was published on November 7, is a concise, reader-friendly sourcebook for U.S. renewable energy law. Each chapter provides historical background as well as illustrations and technology charts to give readers context for better understanding renewable energy sources and related legal issues.

Each chapter also includes closely-edited excerpts from some of the most prominent primary and secondary legal sources—articles, cases, statutes, and regulations—highlighting current and potential legal challenges to the advancement of renewable resources. This book provides an accessible reference for lawyers, law students, policy-makers, and the general public, providing an overview of the significant legal implications of renewable energy development.

Before entering law school, Professor DuVivier, who teaches Renewable Energy Law as well as Energy Law, worked as a field geologist for a French uranium exploration company. According to Professor DuVivier:

"My technical background equipped me well for understanding and distilling the basic information that lawyers need to have to understand the different renewable energy power sources. Also, the Environmental and Natural Resources Law program at the Sturm College of Law has outstanding connections with the National Renewable Energy Laboratory and local law firms that specialize in
renewable energy law. Through these contacts, some of whom teach at Denver Law, I was able to further enrich the book with charts, illustrations, and specific litigation and transactional information in the renewable energy context."

Don Smith, Director of the Environmental and Natural Resources Law Program at Denver Law, said, "Professor DuVivier has researched, carefully analyzed the underlying issues, and written a sourcebook that is destined to become one of the fundamental works in this area of law. Her approach is careful and her observations insightful. This is a must read for those interested in this dynamic area of the law."

A website, which can be accessed by clicking here, has been set up to support the book.

Denver Law Environmental and Natural Resources Program International Student Profile: Eduardo Paseta of Lima Peru

As part of our international student interview series, we would like to highlight the next talented student: Eduardo Paseta.

1. Where are you originally from? And where did you grow up? Tell us about your home city or region.
I was born and raised in Lima, Peru. Lima is the capital of Peru, located in the coast of the Pacific Ocean, and home of around 30% of the total population of Peru.

2. What is your educational background? When and where did you attend school and university?
I studied Law and obtained my degree in the University of Lima, in Lima, Peru. Then, I obtained three Graduate Diplomas. The first was the Graduate Diploma in Strategic Management in New Mining in Gerens School of Managment and Economics (www.gerens.org), the others were the Graduate Diploma in Mining and Environmental Law and the Graduate Diploma in Energy Law, both in the Graduate School of Peruvian University of Applied Sciences - UPC (www.postgrado.upc.edu.pe).

3. What experiences have you had, thus far in your career, in terms of addressing environmental or natural resources issues?
I have gained all my professional experience addressing environmental and natural resources issues at the Osterling Law Firm (www.osterlingfirm.com) and ANTAMINA Mining Company (www.antamina.com). The former is one of the most prestigious and longstanding law firms in Peru where I started mi especialization in environmental and natural resources. I participated in the elaboration and approval process of the Environmental Impact Studies of important mining projects as well as environmental and quality Certifications. In addition, I have designed and planned the permits and license strategy for the development of various mining projects, and performed legal audits in environmental aspects. I currently work at ANTAMINA, which is a company incorporated under Peruvian law, the product of a joint venture between four leading companies in the world mining industry (BHP Billiton, Xstrata, Teck and Mitsubishi Corporation). Antamina is a polymetallic mining complex that produces copper, zinc and molybdenum concentrates, and silver and lead concentrates as by products. The mine is located in the district of San Marcos, Ancash Region, 200 km. from the city of Huaraz at an average altitude of 4,300 meters above sea level. The company has its own port, called Punta Lobitos, which is located in the coastal province of Huarmey. Investment in Antamina (an initial investment of approximately U.S. $ 2.3 billion, plus U.S. $ 1.2 billion of investment in the expansion of its operations) is considered the highest in the history of Peruvian Mining Industry. Today it is among the largest Peruvian producers of copper and zinc concentrates and one of the ten largest mines in the world in terms of operating volume. My work as an in-house lawyer of Antamina has been to lead the area of regulatory affairs of the Legal Department and my main tasks are to design, implement and manage authorizations, permits and licenses for the implementation of the expansion program in Antamina (US$1.2 billions). I also provide legal assistance during the process to renew certain Certificates, such as ISPS Code for the port, ISO 14001 and OHSAS 18001 for the mine and port, administer the company’s permits, authorizations, licenses and legal obligations management system, and perform internal periodic audits for evaluating the company’s legal compliance.

4. What are the key environmental and natural resources issues in your home country?
Illegal mining, direct waste drainage to water bodies (water quality), air pollution in urban areas, abandoned mines (mining liabilities), illegal timber, among others.

5. You have chosen to study at Denver Law. Why did you make this choice and what are you hoping to learn and experience while you are here?
One year and half ago, I decided to look for an specialized LL.M. program that can build over my expertise in mining, environmental and natural resources, rather than a general LLM. Searching for that special program, I sought carefully the LL.M. options in various universities in the U.S. and other countries, which included academic aspects, but also the location of those universities and the living experience they offer. From such research I have done, the excellent references I have received from other colleagues, and my campus visit last year (2010), I am convinced that Sturm College of Law is where I want to study.

Today, I have confirmed that University of Denver was the best option to take, not only for having a highly ranked program, but also the broad curriculum, its high quality professors, its administrative staff, its infrastructure available, and of course, its wonderful location in Denver, which is a quiet and beautiful city.

I'm hoping to learn more about mining and environmental law but with a different perspective, and to enhance my career and professional specialization. At the same time, I'm hoping to have an invaluable experience, enjoy the outdoors, make friends from different countries, and enjoy that experience with my wife (Veronica Morelli) who is also an LLM student.

6. What is your personal philosophy or point of view in terms of the relationship of the environment and natural resources?
In my opinion, every human action shall consider and evaluate its impacts in the environment and in the public health. In this respect, these human actions shall implement some measures to be in harmony with the environment, specially when those actions involve the use of natural resources. This is necessary because human beings have been consuming natural resources through the years without any care and recently in the last 30 years we have realized that our actions have consequences which could have irreversible damage to the environment and future generations.

Of course, this vision should go hand in hand with the economic development of countries and satisfaction of the humans needs of the moment.

7.Tell us something you would like us to know about your country.
Peru is a rich country in terms of natural resources and biodiversity. It has over 80% of the world's climate types and a diverse geography in a relatively small area. It is a huge scenario of altitudinal ecological zones (eco-strata's) and live species that make it one of the most important focuses of biodiversity in the world. According to a report from the World Bank in 2007, Peru is among the 12 countries that have 70% of the biological diversity in the Earth.

Peru is also one of the world centers of genetic resources of flora and fauna. For example, Peru is the only country with more than 3,000 varieties of potato, 36 species of corn and a notable variety of grains and Andean roots. In addition, Peru has 650 species of fruits and 787 varieties of edible, medical and ornamental plants. Moreover, Peru has 128 species of domesticated native plants. Finally, Peru has 28 of the 32 existing climates in the world, and in any of its 11 altitudinal ecological zones, new varieties of live species can still be found.

8. What is something about you that most people don't know about (for example, do you have an unusual hobby or have perhaps have had an unusual experience in your life)?
My hobby is playing soccer and traveling.

9. Who are your professional role models?
My current boss, the Legal Manager of Antamina.

10. What are your plans after completion of your degree?
In the professional aspect, and as an immediate plan, I will return to Peru and continue working at ANTAMINA Mining Company. In the personal aspect, my wife and I are planning to start a family and have our first daughter/son.

Lucy Daberkow, Associate Administrative Director, said: "Eduardo is an example of our program's diversity and high caliber of students."

2012 Natural Resources Distinguished Practitioner in Residence Thomas L. Sansonetti Welcomed to Sturm College of Law

The newest Denver Law Natural Resources Distinguished Practitioner in Residence, Thomas L. Sansonetti, who will serve in the position in the spring 2012 semester, was honored recently at a dinner hosted by Professor Jan Laitos and Carrie Noonan.

The annual dinner, which includes former Distinguished Practitioners in Residence as well as members of Denver Law's Environmental and Natural Resources Law Program (ENRL) faculty, welcomes the newest Distinguished Practitioner.

Mr. Sansonetti leads Holland & Hart's Energy, Environment and Natural Resources Practice Group, which is ranked as the best natural resources practice in the country by Best Lawyers in America. He was the Assistant Attorney General for the Environment and Natural Resources Division of the U.S. Department of Justice from 2001-2005. He served as Associate Solicitor for Energy and Resources in the Reagan Administration.

The Distinguished Natural Resources Practitioner in Residence Seminar is a "capstone seminar" taught each year in the spring semester by a prominent natural resources or environmental law lawyer who has extensive experience in energy, resources, or environmental law work. The focus of the seminar is on skills training including writing, dealing with technical or scientific matters in a legal context, and appearing before administrative agencies.

The former Distinguished Practitioners in Residence who attended the dinner were:

Robert D. Comer (2009 Practitioner in Residence), Special Counsel at Faegre & Benson. Mr. Comer has served in the senior executive service at the U.S. Department of Interior and as associate general counsel for a Fortune 500 mining, minerals processing, and speciality metals company.

Alan Gilbert (2008), Senior Advisor for the Rocky Mountains and the Southwest for U.S. Secretary of Interior Ken Salazar. Formerly Mr. Gilbert served as Mr. Salazar's deputy chief of staff in the U.S. Senate and as Solicitor General of the State of Colorado. He has also practiced law as a partner at Holme, Roberts & Owen as well as Sherman & Howard.

Howard Kenison (2010), Partner and Chair of the Environment, Natural Resources, and Climate Change practice at Lindquist & Vennum. Mr. Kenison is the former Colorado Deputy Attorney General in charge of Colorado's Superfund Litigation Section.

Rebecca Watson (2011), Partner at Welborn Sullivan Meck & Tooley. Ms. Watson has served in the U.S. Department of Interior as Assistant Secretary for Lands and Minerals Management in the George W. Bush Administration. She also served as Assistant General Counsel for Energy Policy at the U.S. Department of Energy in the George H.W. Bush Administration.

In the picture are, from lower left and going clockwise around the table, Professor Laitos, Associate Dean and Professor Fred Cheever, Robert D. Comer, Mr. Sansonetti, Professor Rock Pring, Professor Justin Pidot, Ms. Noonan, Alan Gilbert, Director of the ENRL Program Don Smith, Professor K.K. DuVivier, Rebecca Watson, and Howard Kenison.

The Distinguished Natural Resources Practitioner in Residence, which is organized by Professor Laitos, is now in its 23rd year. Students in the course are selected by Professor Laitos.

First Denver Law Renewable Energy Law & Policy Summit Considers Major Policy Drivers and Challenges for Renewables Industry

The inaugural meeting of the Renewable Energy Law & Policy Summit took place this week at Denver Law before a large audience of lawyers, utility company officials, government officials, policy makers, renewable energy business representatives, and students.

By all accounts, the Summit was a major success and further established Denver Law as a national leader in considering the legal and policy implications associated with the quickly accelerating discussion about renewable energy and its role in the energy sector.

The Summit, which was co-sponsored by Denver-based Holland & Hart and the National Renewable Energy Laboratory (NREL), assembled an impressive array of renewable energy experts from all across the U.S. Two keynote speakers highlighted the program: David Eves, President and CEO of Public Service Company of Colorado, Dan Arvizu, Director of NREL.

Mr. Eves began the Summit with an overview of Xcel Energy's (the parent company of Public Service Company of Colorado) renewable strategy. He noted that Public Service Company has about 1,700 megawatts of installed wind power capacity. In particular, he explained that the company has in the last several years become better at managing the intermittency of the wind. Public Service also has 25 megawatts of utility scale solar power with another 60 megawatts under contract.

The further development of solar is intriguing, he said, because of the ability to locate solar panels closer to load centers and thus reduce the need for building major transmission lines. According to the American Wind Energy Association, Xcel has about 4,000 megawatts of installed wind capacity, the largest amount of any utility in the U.S.

The second keynote speaker, Dr. Arvizu, noted that renewable energy needed to be seen in the context of reducing carbon emissions, providing for energy security, and reducing the volatility of the cost of energy-producing fuels (e.g., oil and gas). He also said the renewable business is an international one, with some estimates that the size of the market is more than $200 billion per year.

Two key issues related to the world's current energy structure need special attention, he said. First, the "asset utilization" of the energy sector is only about 50 percent. Second, "life cycles" in the energy generation sector are very long -- perhaps as much as 50 years -- and thus energy businesses need policy certainty when deciding how to invest for future generating needs.

Summing up his thoughts, Dr. Arvizu said, the future of renewables is "not about whether technology can perform, it's about the political will to implement supporting policies. We need to have a more sophisticated discussion about what we want to do."

The Summit also featured four panels that addressed:

• "Survey of U.S. Laws Affecting the Siting and Development of Renewable Energy Projects," moderated by Denver Law Professor K.K. DuVivier, author of The Renewable Energy Reader


• "Regional and National Transmission Concerns and Progress," moderated by Mark Safty, Partner and Practice Group Leader for Holland & Hart's Energy & Infrastructure Group


• "Renewable Energy Incentives," moderated by Don Smith, Director of Denver Law's Environmental and Natural Rsources Law Program


• "The Future of Renewable Energy Law & Policy," moderated by Mr. Safty

Editor's note: Individuals in the first picture are from left to right: Kate Marks, Managing Director of the National Association of State Energy Officials; Veronica Morelli, Denver Law LLM student from Peru; Payal Sathe, Denver Law LLM graduate from India; and Bob Noun, Manager of Communications and External Affairs for NREL and Denver Law renewable energy adjunct professor. Individuals in the second picture are from left to right Fred Cheever, Associate Dean and Professor of Law; Mark Safty, Partner at Holland & Hart; Don Smith, Director of the Environmental and Natural Resources Law Progarm; Dr. Dan Arvizu, Director of NREL; Professor K.K. DuVivier; Bob Noun of NREL.

International Students in Environmental and Natural Resources Law Graduate Program Enjoy an (Early) American Thanksgiving

Nine different countries were represented at a pre-Thanksgiving dinner at my house last Sunday.

The wide diversity of Denver Law's Environmental and Natural Resources Law Graduate Program is one of the many attributes that makes our program unique, and last Sunday we had a chance to recognize and celebrate that diversity.

Students from Brazil, China, Ghana, Japan, Peru, Russia, and Saudi Arabia were able to join Lucy Daberkow, associate administrative director for the program, and me, as we introduced the students to what a typical American Thanksgiving is like, complete with turkey and Denver Broncos football!

As it turned out, we also enjoyed great food and drinks from many of these countries in a setting more conducive to chatting than a typical busy day at the law school.

International students add an enormous richness to our program and to Denver Law more generally. They are both curious and resourceful. For many of the students, this is their first time in the U.S.

It is wonderful to watch them grow, develop, and gain confidence in themselves as their expertise deepens in environmental and natural resources law. Similarly, it is also a pleasure to learn from them and to hear about their countries and traditions.

Needless to say, these experiences continue to remind me how much we have in common together despite the fact that each of us comes from a different corner of the world and has a different life experience. The reality is that those who share an interest in learning oftentimes share a related interest in knowing about those they are less familiar with.

These students represent the next generation of leaders, both regionally and globally. It was a delight to host them at my home on Sunday.

Don Smith
Director
Environmental and Natural Resources Law Graduate Program

Profile on MRLS Alumnus Britta Strother, Interim Executive Director of South Metro Water Supply Authority

Britta Strother, who holds a Masters of Resources Law Studies degree from the Denver Law Environmental and Natural Resources Law Graduate Program, has been named Interim Executive Director of the South Metro Water Supply Authority (SMWSA). In this role, Ms. Stroher is responsible for the management of all activity that is taken by the SMWSA. She oversees the budget as well as all of the engineering, accounting and public relations work that are done.

Formed in 2004, the SMWSA is a regional water authority that includes most of Douglas and some of Arapahoe counties in Colorado. SMWSA provides its members with the necessary planning, negotiation and implementation tools to secure renewable water resources for their constituents. Some of the municipalities and special water districts that are part of SMWSA include: the town of Castle Rock, Parker Water and Sanitation District, Centennial Water and Sanitation District (Highlands Ranch), and East Cherry Creek Water and Sanitation District. A full list of members can be found by clicking here.

Ms. Strother joined SMWSA in September 2007 as the Water Resource Specialist. In this position, Ms. Strother was immediately involved in negotiations between members, evaluation of potential water rights purchases and regional studies for water infrastructure integration.

Holding a Masters in Resource Law Studies with specializations in water law and policy as well as environmental law and policy from the University of Denver Sturm College of Law provided Ms. Stroher with "unique and powerful tools for these responsibilities," according to Lucy Daberkow, Associate Administrative Director of the Denver Law program.

In February 2011, Ms. Strother was promoted to Water Resources Project Manager. Her role with the SMWSA expanded with this new position to include the coordination and development of infrastructure including pipelines, reservoirs and interconnects and also a greater management of the daily SMWSA needs (including budget development and project oversight).

As the SMWSA continues in the negotiations that her predecessor, Rod Kuharich, began, Ms. Strother hopes to bring a number of important supply projects to fruition in the coming months. One exciting project that the SMWSA is negotiating is the Water Infrastructure Supply Efficiency (WISE) Partnership, a regional delivery project between Denver Water, Aurora and SMWSA. The WISE Partnership contemplates sharing existing water rights and infrastructure from all three parties to serve the SMWSA with on average 10,000 acre-feet per year either directly into member’s respective distribution systems or into surface and aquifer storage. The three parties are currently in negotiations for the WISE delivery agreement, anticipated to be signed in early 2012. This project is one component to the SMWSA master plan to remove some of the strain on the non-renewable Denver basin ground water by delivering renewable surface water. It represents the forward thinking that is currently taking place to meet the current and anticipated future water demands of the Denver metropolitan area.

Ms. Daberkow said, "It is wonderful to see the important contributions that Ms. Strother is making to the critical issues of water supply in the arid Rocky Mountain West. By studying at Denver Law, Ms. Strother put in place an understanding of the important issues that will serve her well throughout her entire career.